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Arbitration – Injunction. The claimant had sought an interim injunction to prevent the defendant from terminating its licence agreement until arbitration proceedings had been resolved. The High Court dismissed that application as the claimant had an adequate remedy in damages despite the fact that the licence contained a limitation clause. The Court of Appeal, Civil Division, held that, where a party to a contract stipulated that, if he breached his obligations, then his liability would be limited or the damages he would pay would be capped, then (in certain circumstances) justice tended to favour the grant of an injunction to prevent the breach in the first place.
Arbitration – Injunction. The claimant had sought an interim injunction to prevent the defendant from terminating its licence agreement until arbitration proceedings had been resolved. The High Court dismissed that application as the claimant had an adequate remedy in damages despite the fact that the licence contained a limitation clause. The Court of Appeal, Civil Division, held that, where a party to a contract stipulated that, if he breached his obligations, then his liability would be limited or the damages he would pay would be capped, then (in certain circumstances) justice tended to favour the grant of an injunction to prevent the breach in the first place.
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